717-703-0804
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
No. 58 M.D. 2022
Medical Marijuana Access & : Patient Safety, Inc., : Petitioner V. Denise A. Johnson, M.D., FACOG, : FACHE, Acting Secretary, : Pennsylvania Department of Health, : John J. Collins, Director of the : Pennsylvania Department of Health, : Office of Medical Marijuana, and : Gregory Elder, Assistant Director and : Chief Compliance Officer of the : Pennsylvania Department of Health, : Office of Medical Marijuana, : Respondents
Argued: March 8, 2023
BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge
HONORABLE ANNE E. COVEY, Judge
HONORABLE MICHAEL H. WOJCIK, Judge
HONORABLE CHRISTINE FIZZANO CANNON, Judge
HONORABLE ELLEN CEISLER, Judge
HONORABLE LORI A. DUMAS, Judge
HONORABLE STACY WALLACE, Judge
OPINION
BY JUDGE CEISLER FILED: May 30, 2024
Before the Court are the cross-applications for summary relief filed by Medical Marijuana Access & Patient Safety, Inc. (Petitioner) and Denise A. Johnson, M.D., FACOG, FACHE, Acting Secretary, Pennsylvania Department of Health (DOH), John J. Collins, Director of DOH’s Office of Medical Marijuana (OMM), and Gregory Elder, Assistant Director and Chief Compliance Officer of OMM (collectively, Respondents). Petitioner and Respondents seek counter 2 declarations as to whether DOH lacks or possesses the statutory authority to adopt the United States Food and Drug Administration’s (FDA) “approved for inhalation” standard. After thorough review, we grant in part and deny in part the parties’ cross- applications.
